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BUILDING OWNERS AND MANAGERS ASSOCIATION v. PENNSYLVANIA PUBLIC UTILITY COMMISSION (01/18/84)

decided: January 18, 1984.

BUILDING OWNERS AND MANAGERS ASSOCIATION, PETITIONER
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, PETITIONER V. PENNSYLVANIA PUBLIC UTILITY COMMISSION, RESPONDENT



Appeals from the Order of the Pennsylvania Public Utility Commission in case of Pennsylvania Public Utility Commission, et al. v. Philadelphia Electric Company, No. R-811626, etc., dated May 21, 1982.

COUNSEL

Application for reargument filed and denied.

Louis J. Carter, for petitioner, Building Owners and Managers Association.

Roslyn G. Pollack, with her Alan M. Lerner, Cohen, Shapiro, Polisher, Shiekman and Cohen ; of counsel, Robert C. West, G. Roger Bowers and Vincent J. Walsh, for petitioner, Southeastern Pennsylvania Transportation Authority.

Marlane E. Chestnut, Assistant Counsel, with her Steven A. McClaren, Assistant Counsel, Albert W. Johnson, III, Deputy Chief Counsel, and Charles F. Hoffman, Chief Counsel, for respondent.

Irwin A. Popowsky, Assistant Consumer Advocate, David Wersan, Assistant Consumer Advocate and Walter W. Cohen, Consumer Advocate, for intervenor, Walter W. Cohen, Consumer Advocate.

David B. MacGregor, with him Robert H. Young and Walter R. Hall, II, Morgan, Lewis & Bockius ; of counsel, Edward G. Bauer, Jr., Vice President and General Counsel, and Irene A. McKenna, Assistant Counsel, for intervenor, Philadelphia Electric Company.

David M. Kleppinger, with him Edward J. Riehl, McNees, Wallace & Nurick, for intervenor, Philadelphia Area Industrial Energy Users Group.

Charles J. Streiff, with him Henry M. Wick, Jr., Wick, Rich, Fluke & Streiff, and Wayne L. Emery and Kenneth R. Pepperney, for intervenor, United States Steel Corporation.

President Judge Crumlish, Jr., and Judges Rogers, Blatt, Williams, Jr., and Doyle. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 79 Pa. Commw. Page 600]

We have consolidated for argument and disposition the appeals of Building Owners and Managers Association and Southeastern Pennsylvania Transportation

[ 79 Pa. Commw. Page 601]

Autority (SEPTA) from an order of the Pennsylvania Public Utility Commission.*fn1 We affirm.

On July 29, 1981, the Philadelphia Electric Company (PECO) filed Supplement No. 28 to its Tariff Electric-Pa. P.U.C. No. 25 with a proposed effective date of September 27, 1981. This supplement was designed to produce an annual base rate increase of approximately $344.5 million. By order dated September 16, 1981, the Commission initiated a formal rate investigation and allowed the Supplement to be suspended ...


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